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By: Leach (Senate Sponsor - Eltife) |
H.B. No. 2489 |
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(In the Senate - Received from the House May 11, 2015; |
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May 12, 2015, read first time and referred to Committee on Business |
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and Commerce; May 22, 2015, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 22, 2015, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2489 |
By: Taylor of Galveston |
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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation by a property owners' association of |
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residential leases or rental agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.016 to read as follows: |
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Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL |
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AGREEMENTS. (a) In this section, "sensitive personal information" |
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means an individual's: |
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(1) social security number; |
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(2) driver's license number; |
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(3) government-issued identification number; or |
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(4) account, credit card, or debit card number. |
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(b) A property owners' association may not adopt or enforce |
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a provision in a dedicatory instrument that: |
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(1) requires a lease or rental applicant or a tenant to |
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be submitted to and approved for tenancy by the property owners' |
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association; or |
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(2) requires the following information to be submitted |
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to a property owners' association regarding a lease or rental |
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applicant or current tenant: |
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(A) a consumer or credit report; or |
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(B) a lease or rental application submitted by |
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the applicant, tenant, or that person's agent to the property owner |
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or property owner's agent when applying for tenancy. |
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(c) If a copy of the lease or rental agreement is required by |
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the property owners' association, any sensitive personal |
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information may be redacted or otherwise made unreadable or |
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indecipherable. |
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(d) Except as provided by Subsection (b), nothing in this |
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section shall be construed to prohibit the adoption or enforcement |
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of a provision in a dedicatory instrument establishing a |
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restriction relating to occupancy or leasing. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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* * * * * |